JUDGMENT & ORDER : The sole question which falls for consideration in this writ petition is whether typing test is mandatory for recruitment to the post of Lower Division Clerk (LDC) in the Government Aided Schools of Tripura? 2. For better appreciation of the controversy, the facts giving rise to this writ petition, which are hardly in dispute, may be recorded at the outset. The petitioner along with the respondent No.8 (Partha Rakshit) and other candidates, in response to the advertisement dated 15-2-2012, applied for one unreserved post of LDC under Udaipur Ramesh H.S. School, which is a Government Aided School (“the School” for short). The petitioner along with other candidates including the respondent No.8 appeared before the Selection Board for the oral interview on 18-3-2012 but no typing test was ever conducted. According to the petitioner, in the evaluation sheets purportedly prepared for 52 candidates collected by him, his name appeared at Serial No.24 and that of the respondent No.8 appeared at Serial No.30. It also appeared from the said evaluation sheets that the respondent No.8 had passed Madhyamik examination in the year 1998 securing 69.5% marks and was placed in the First Division, passed Higher Secondary examination in 2001 in 2nd Division securing 46.7% marks and passed BA examination with Pass Division securing 44.8%% marks. The petitioner was awarded 55 marks out of 70 marks for academic performance, 10 marks for seniority and 4.5 marks for his performance in the interview and was awarded 69.5 marks in total, whereas the respondent No.8 was awarded 70 marks for academic performance, 15 marks for seniority and 7.83 marks for performance in the interview and thus secured a total of 92.83 marks. It is the case of the petitioner that the Selection Board, without conducting any type test whatsoever, by the communication dated 18-3-2012 prepared a select panel of three candidates by placing the respondent No.8 on top and recommended his appointment accordingly. The respondent No.2 thereafter vide the communication dated 19-3-2012 sent the proposal for the approval of the respondent No.6 (Director of School Education), who, however, in his reply vide the communication dated 22-3-2012 asked the respondent No.2 to produce the certificate of type test as well as of computer learning of the candidates. It was also mentioned therein that the marks obtained in the type test need be mentioned in the interview result sheet. It was also mentioned therein that the marks obtained in the type test need be mentioned in the interview result sheet. This prompted the petitioner to lodge a complaint by his letter dated 23-3-2012 addressed to the respondent No.6 against the interview system followed in the instant selection process without conducting the typing test in clear violation of the extant recruitment rules for the post of LDC. The petitioner also pointed out therein that no test or interview was conducted in respect of knowledge or experience in operating computer and sought his intervention. On the contrary, the respondent No.7 by the communication dated 31-3-2012 accorded his approval to the said panel list and allowed the respondent No.2 to issue offer of appointment to the respondent No.8 vide the memo dated 31-3-2012. The respondent No.2 thereafter issued the order dated 24-4-2012 offering the appointment to the respondent No.8. At this stage, it may be noted that the appointment order was issued soon thereafter. This Court, however, while issuing rule on 11-5-2012 passed an interim order directing that if the respondent No.8 was appointed in the meantime, the same should be subject to the result of the writ petition. 3. Mr. A.K. Bhowmik, the learned senior counsel for the petitioner, submits that the Government Aided Schools in Tripura such as Udaipur Ramesh H.S. School are regulated by a set of rules called “The Tripura Grant-in-Aid (Government Aided Schools) Rules, 2005 in the matter of recruitment of their teaching and non-teaching staff, which, among others, provides that appointment to all categories of posts by direct recruitment and promotion shall be made strictly following the provisions of the recruitment rules finalized by the Education (School) Department for these categories of posts in Government schools. He further submits that such recruitment rules stipulate proficiency in Type-writing with a minimum accurate speed of 30 words per minute and that the prescribed Type-test should be conducted and the candidate must pass the same before they are appointed to the post of Lower Division Clerk through direct recruitment. As the Selection Board did not conduct the Type-test, contends the learned senior counsel, the selection process itself is vitiated and the selection of the respondent No.8 is, therefore, liable to be quashed. 4. On the other hand, Mr. As the Selection Board did not conduct the Type-test, contends the learned senior counsel, the selection process itself is vitiated and the selection of the respondent No.8 is, therefore, liable to be quashed. 4. On the other hand, Mr. D. Bhattacharjee, the learned counsel for the Managing Committee of the School, maintains that the selection process in question was conducted in accordance with the guidelines for recruiting the staff in Government Aided Schools, which does not prescribe Type-test as the condition for recruitment of LDC in the aided schools. He, therefore, contends that there is no violation of Tripura Grant-in-Aid (Government Aided Schools) Rules, 2005 which only prescribes that appointment to all categories of posts both by direct recruitment and promotion shall be made strictly following all provisions of the Recruitment rules finalized by the Education (School) Department for these categories of posts in Government schools; the recruitment in the instant case was made in accordance with the guidelines framed by the Education Department for recruiting the staff in Govt. aided schools, which does not prescribe Type-test for recruitment of LDC. He, therefore, strenuously urges this Court to dismiss the writ petition. Mr. Somik Deb, the learned counsel for the respondent No.8 submits that the petitioner is barred by the principle of estoppel from challenging the selection process after taking part therein without any protest and only after he failed in the interview. He points out that the respondent No.8 is more qualified and educated than the petitioner. According to him, the post in question is LDC, which is different from LDC-cum-Typist, for which passing in the Type-test would have been insisted upon, but not in the post of LDC, for which proficiency in typing can be dispensed with as indicated by the advertisement itself expressing mentioning ‘interview/type test’. In other words, his contention is that the test could be either interview only or type test alone and not necessarily both the tests. He, therefore, submits that there is no merit in this writ petition, which is liable to be dismissed. 5. Admittedly, the selection process was done without conducting Type-test. Normally, Type-test with accuracy and minimum speed of 30 words per minute is prescribed for the post of LDC. He, therefore, submits that there is no merit in this writ petition, which is liable to be dismissed. 5. Admittedly, the selection process was done without conducting Type-test. Normally, Type-test with accuracy and minimum speed of 30 words per minute is prescribed for the post of LDC. Rule 5(iii) of the Tripura Grant-in-Aid (Government Aided Schools) rules, 2005 is in the following terms: “(iii) Appointment to all categories of posts both by direct recruitment and promotion shall be made strictly following all provisions of the Recruitment rules finalized by the Education (School) Department for these categories of posts in Government schools.” The provision extracted above thus makes it amply clear that the recruitment rules for the posts in the Aided Schools by direct recruitment or promotion shall have to be made strictly in accordance with the recruitment rules finalized by the Education Department. No set of recruitment rules framed by the Education Department for filling up the posts in Aided Schools by direct recruitment or otherwise has been brought to my notice. On the other hand, the instructions/recruitment rules issued from time to time by the General Administration (P&T) Department, Government of Tripura which were notified between 28-9-2000 and 28-2-2011 insist Type-test for the post of LDC, etc. However, the Education (School) Department under Rule 5(iii) of the Tripura Grant-in-Aid (Government Aided Schools) rules, 2005 is the authority to finalize the recruitment rules for all categories of post by direct recruitment and promotion. In my opinion, in the case of Aided Schools, no other authority except the Education (School) Department has the power to finalize the recruitment rules for the posts to be filled by direct recruitment or promotion. Therefore, the recruitment rules framed by the General Administration Department (P&T), Government of Tripura will have no manner of application to Aided Schools governed by the provisions of the Tripura Grant-in-Aid (Government Aided Schools) Rules, 2005 unless the set of recruitment rules is finalized by the Education (School) Department. As indicated earlier, no set of recruitment rules governing the appointment to all categories of posts under the Aided Schools by direct recruitment or promotion framed or finalized by the Education (School) Department is available. It may, however, be noted that the Government of Tripura in the Education (School) Department had issued the Memo dated 2-1-2001 laying down the guidelines for recruiting the staff in Government Aided Schools. It may, however, be noted that the Government of Tripura in the Education (School) Department had issued the Memo dated 2-1-2001 laying down the guidelines for recruiting the staff in Government Aided Schools. On perusal of these guidelines, it is revealed that no Type-test is prescribed for recruiting any staff in such schools. The post of LDC will come within the purview of the term “staff”. In the absence of recruitment rules framed under Rule 5(iii) of the Grant-in-Aid rules for regulating the appointment of LDC under the Government Aided School, the appointment and other conditions of service can be regulated by administrative instructions. The guidelines contained in the said Memo dated 2-1-2001 are in the nature of administrative instructions regulating the recruitment of staff in Government Aided Schools and will hold the field as long as the State Government has not finalized the recruitment rules in this behalf under Rule 5(iii) of the Grant-in-Aid Rules. It may be noted that the said guidelines do not contravene any provision of the Grant-in-Aid Rules. In other words, in the absence of any recruitment rules made by the Education (School) Department or without annulling the said Memo dated 2-1-2001, the said guidelines are deemed to be operative in so far as recruitment of staff in Aided Schools are concerned. This, by necessary implication, rules out the application of the recruitment rules framed by other Departments in compliance with the directions of the General Administration Department inasmuch as the Grant-in-Aid Rules makes a special provision for Aided Schools. In the instant case, the Education Department in their affidavit supported the case of the petitioner that the omission to conduct Type-test was contrary to Note (i) of the Recruitment Rules of the School Education Department, which stipulates that prescribed type tests should be conducted and the candidates must pass the same before they are appointed to the post of LD Clerk through direct recruitment. The recruitment rules referred to by the respondent No.7 in his affidavit is apparently the Notification dated 5-9-1997 issued by the Appointment & Services Department, Government of Tripura requiring all Departments under the State Government to insist, among others, proficiency in Type-writing with a minimum accurate speed of 30 words per minute for direct recruitment for the post of LDC. The recruitment rules referred to by the respondent No.7 in his affidavit is apparently the Notification dated 5-9-1997 issued by the Appointment & Services Department, Government of Tripura requiring all Departments under the State Government to insist, among others, proficiency in Type-writing with a minimum accurate speed of 30 words per minute for direct recruitment for the post of LDC. In my opinion, the aforesaid guidelines cannot be made applicable to Aided Schools which are governed by the guidelines dated 2-1-2001 and the Grant-in-Aid Rules, which were made later on inasmuch as these Aided Schools are not exactly Departments falling under the State Government. In this view of the matter, I hold that the Selection Board did not commit any illegality in not conducting the Type-test in the impugned selection process. As pointed out by the respondent No.8 in his affidavit, the petitioner secured poor marks i.e. 4.5 out of total 15 marks, while the respondent No.8 secured the highest marks i.e. 7.83 out of 15 marks; out of the total marks of 100, the petitioner secured 69.5 marks while the respondent No.8 secured 92.83 marks and stood first out of 52 candidates, who appeared before the Interview Board. Thus, as found by me, this is not a fit case for the interference of this Court. 6. The offshoot of the foregoing discussion is that there is no merit in this writ petition, which is hereby dismissed. However, the parties are directed to bear their respective costs.